The Atlantic Monthly, Volume 08, No. 48, October, 1861 by Various
page 36 of 279 (12%)
page 36 of 279 (12%)
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certainly never have happened: since every lawyer knows full well, that,
in capital cases especially, juries are merely the exponents of public sentiment, and that the power of any judge to cause the excited sympathies of a whole community to sink into calm indifference at the railing of a jury-box is about as effective as was the command of the Dane in arresting the in-rolling waters of the ocean. This is peculiarly true in this country, where the people, both in theory and in fact, are so completely sovereign that the institutions of government are only instruments, having little capability of independent, and none at all of antagonistic action. The skilful advocate, therefore, always watches the crowd of eager faces without the bar, with eye as anxious and far more prophetic than that with which he studies the formal countenances of the panel whom he directly addresses. There was one circumstance, arising indirectly from his public employment, that exercised no trivial influence upon Captain Wilde's fate. On one occasion, while engaged with a brother-official in arranging their books preparatory to the annual settlement, his wife, becoming enraged because he failed to attend instantly to her orders concerning some trifling domestic matter, rushed into his study and caught up an armful of papers, which she attempted to throw into the fire. The documents were of great importance; and to prevent her carrying her childish purpose into execution, her husband was obliged to seize her quickly and violently, and drag her from the hearth. The reader will hardly recognize this incident in the form in which it was afterward detailed from the witness-stand; and it is only on account of the effect which this and other occurrences of like nature had in bringing about the final event of our history, that we take the trouble to narrate matters so trifling and uninteresting; for it appeared that every incident of the kind was carefully registered in the memory of |
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